When purchasing a property through the New Build HomeBuy scheme, you will be assessed to ensure that you meet the required criteria. The criteria can vary from housing association to housing association and can be found on their individual websites. However, as the scheme is aimed at those who cannot afford to buy a property outright, you should consider that priority would normally be given to those with priority housing needs.

Although you cannot immediately purchase the property outright under this scheme, you will still have the rights and responsibilities of a full owner-occupier. You can buy further shares in the property at a later date, until you own it outright. You will enter into a shared ownership lease which sets out your rights and obligations, and your legal advisor can explain the terms of this to you prior to exchange of contracts, should there be any points you do not understand.

As you will only be purchasing a share of the property, you will be required to pay rent to the housing association on the share that remains in their ownership. In order to purchase your share, you are likely to require a mortgage and you would need to arrange this with a bank or building society who lend on New Build HomeBuy/shared ownership properties. You should be aware that not all lenders provide mortgages on properties sold under this scheme.

You can sell your home at any time, but you must tell the housing association in writing. The housing association has the right to buy the property back from you or to find you a buyer for it; if you own 100 per cent of your home, you can sell it yourself. However, the housing association has the right to buy the home from you for up to 21 years after you fully own it.

If you have any questions on this subject, then please do not hesitate to contact me direct at helen.chaproniere@mablaw.com

Under the proposals, a person purchasing a house in the lowest energy efficiency bands (probably bands F and G) would have to pay an extra 0.5 per cent levy on top of their stamp duty bill. However, if the new owner upgraded the property to at least a band E within a year, the owner would be refunded the 0.5 per cent (and perhaps also receive a ‘bonus’ payment, as the Government looks to encourage homeowners to make their homes more energy efficient so that it meets its greenhouse gas emissions reduction targets.)

If the Government proceeds with these proposals, it is possible that they could be introduced in just two years’ time as part of the Government’s “Green Deal”, which includes measures to financially help homeowners make their properties more energy efficient.

It is thought that the Government was also considering banning owners of energy inefficient homes from putting them up for sale until they had been made more efficient; however, this idea was rejected as it could “trap” poorer families who couldn’t afford to make the improvements.

If these proposals are accepted, they could have a serious effect on the housing market. Any stamp duty penalties would put pressure on homeowners to upgrade their homes before putting them up for sale, as they would be less attractive to buyers. However, if homeowners can’t afford to make the changes, it may deter them from putting their homes up for sale. Also, purchasers, particularly first-time buyers who may have financially stretched themselves, may be reluctant to buy energy inefficient homes as they may be unable to afford to make the required upgrades in order to get their 0.5 per cent levy refunded.

We shall see what happens…

So what is shared equity? You purchase a property and own 100% of it, but you obtain a mortgage for a certain percentage of the equity (e.g. 75%) and the developer and/or Government holds a charge (mortgage) over the remaining share (e.g. 25%); depending on the scheme, you may or may not pay rent on that 25% share. In simple terms, although you own the property outright, your main lender holds a legal charge over the property and, in addition, the developer and/or Government will secure a second charge over the property to secure the repayment of their share when you sell or decide to pay the equity loan off.

So what is shared ownership? You purchase only a share in the property (e.g. 75%) and the local authority, developer or housing association retains the remaining share (e.g. 25%) and you pay rent on that share. In simple terms, you have a share in the property, which is usually purchased with the assistance of a mortgage, but you do not own the property outright. You can purchase further shares in the property later (up to 100%) and this is called ”staircasing”. This increases your share of the property and reduces the share retained by the local authority/developer or housing association, which  would also reduce your rent payments.

If you are still puzzled, please contact me at sarah.wilkins@mablaw.co.uk and let me help you understand the options open to you.

The intention of the Code is to give buyers more protection when acquiring a new flat or house, or a newly-converted flat or house, from the time the property is marketed to them to, and including, the after-sales service they receive when they have purchased the property.

Builders and developers that are selling new flats/houses, and are registered with one of the home warranty providers that are participating in the Code, must comply with the Code (participators are currently NHBC, Premier Guarantee and LABC New Home Warranty.) If one of these builders or developers breaches the Code, the home warranty providers can (1) remove them from the relevant register, or (2) exclude them from all registers run by other participating home warranty providers. This could mean that excluded builders or developers would have to obtain home warranty insurance cover from another provider in order to satisfy buyers.

Developers are now required to give an “Anticipated Completion Date” and a period after that date when the buyer can choose to rescind the contract (a maximum of 6 months for a freehold property and 12 months for a leasehold property) in the contract itself, amongst other requirements imposed in the Code. Developers will need to amend their standard contracts to comply and we have been able to assist several of our developer clients with this task. 

If you have any concerns, or would like some assistance, please get in touch with one of the New Homes Team at Matthew Arnold & Baldwin.

The intention of the Code is to give buyers more protection when acquiring a new flat or house, or a newly-converted flat or house, from the time the property is marketed to them to, and including, the after-sales service they receive when they have purchased the property.

Builders and developers that are selling new flats/houses, and are registered with one of the home warranty providers that are participating in the Code, must comply with the Code (participators are currently NHBC, Premier Guarantee and LABC New Home Warranty.) If one of these builders or developers breaches the Code, the home warranty providers can (1) remove them from the relevant register, or (2) exclude them from all registers run by other participating home warranty providers. This could mean that excluded builders or developers would have to obtain home warranty insurance cover from another provider in order to satisfy buyers.

Developers are now required to give an “Anticipated Completion Date” and a period after that date when the buyer can choose to rescind the contract (a maximum of 6 months for a freehold property and 12 months for a leasehold property) in the contract itself, amongst other requirements imposed in the Code. Developers will need to amend their standard contracts to comply and we have been able to assist several of our developer clients with this task. 

If you have any concerns, or would like some assistance, please get in touch with one of the New Homes Team at Matthew Arnold & Baldwin.

The Court ruled that Natasha Rashid must pay Ballymore the £279,200 balance due on the flat she agreed to buy, plus interest and legal costs. Ms Rashid had put down a £69,800 deposit on the luxury flat, agreeing to pay the remainder of the purchase price once the flat was completed. The Court also said that if Ms Rashid fails to comply with the order by the end of April, Ballymore will be able to resell the property and seek a court order for damages against her.

This ruling highlights the growing number of claims being brought by housebuilders and developers against purchasers who renege on their contracts. A recent investigation by the property journal Estates Gazette found that between August 2008 and December 2009, nearly 300 claims were lodged against buy-to-let investors who had not completed on off-plan purchase contracts. These findings came to the fore when, in December 2009, the High Court backed housebuilder Prestige Homes South West in its attempt to obtain payments from an investor over two failed completions in its Zero 4 scheme in Plymouth, awarding it damages of £133,000.

There is no doubt that these two recent rulings are good news for developers and housebuilders, who have invested a lot of time and money in their developments and rightly expect purchasers to honour their contracts. However, off-plan buyers have become victims of the decline in the property market, with many of the properties they put deposits down on now worth much less than when they agreed to purchase them. Buyers have been unable to obtain mortgages once the value of their properties fell and buy-to-let investors have been unable to sell their properties on at a higher price than they paid.

It is an unfortunate situation for all concerned, and, although similar disputes are being settled out of court, more court cases should be expected.

This change at first glance seems very straightforward. Those people who want to purchase a property worth an least £1m will have to pay 5 per cent stamp duty instead of the current 4 per cent, meaning that stamp duty tax bills for such purchases will increase by a minimum of £10,000. This rise will particularly hit purchasers in the south-east, where property is more expensive.

This change, though, is not as clear-cut for off-plan buyers. Off-plan buyers, as opposed to other purchasers, quite often buy a property a year in advance, meaning they could potentially fall into the 5 per cent tax bracket. For example, if a buyer agrees to purchase a new-build property valued at £1m, which has not yet been completed, they may be liable for the 5 per cent tax (instead of the current 4 per cent) if the sale is not completed before 6 April 2011.

At the time of writing, the Chancellor has not announced any new provisions which will protect off-plan buyers from such a scenario. However, in the past, provisions have been put in place to ensure that contracts entered into before a Budget were taxed at existing rates, so we will wait and see if the Chancellor will clarify the situation in the coming weeks.

There are potential ways of avoiding such a future liability, which I will be happy to discuss with any clients who find themselves faced with this position.

Many first-time buyers have felt the pinch, with the end of the stamp duty holiday for properties up to £175,000.00 taking place from the 1st January 2010. Now all properties over £125,000.00 attract stamp duty liability. This is an additional cost people are having to budget for from the outset, particularly for many of my first-time buyers who are purchasing new build properties off-plan and due to complete in 2010. Many buyers in the marketplace have wrongly assumed that an exchange of contracts prior to the change meant they avoided this cost – you should be aware that the stamp duty liability comes about on the completion date. First-time buyers are trying to save hard for their deposit, valuation fees, and legal costs, and the stamp duty for the lower end of the market does add to that struggle.

With first-time buyers trying to take that first step onto the property ladder, and some not having the large deposit required, I am seeing more shared-ownership and shared equity schemes through first-time buyer, government-led initiatives. Interestingly, I am even working with first-time buyers purchasing on one Milton Keynes new home development, where the developers are offering their own competitively rated mortgages. This is encouraging news for the first-time buyer, enabling the market to continue to grow and hopefully making moving home for everyone affordable again.

Recent market trends have meant I also see more of my first-time buyers using ‘the bank of Mum and Dad’, receiving financial assistance from their parents in order to take their first step; or, this could just be the parents wanting their children to finally fly the nest! It has been reported in the press that the average age of the first-time buyer has risen from 29 to 30 in 2008, and many confirmed that this move was made with the assistance of their parents. So our next generation property owners are starting to buy later and live at home for longer; after all, it’s cheaper to live at home than it is to buy and rent!

If you need any advice on the first-time buyer initiatives, please contact me at sarah.wilkins@mablaw.co.uk

Annual Percentage Rate (APR)

This is the rate that represents the cost of borrowing, as opposed to the interest rate. The APR, for example, will include certain charges in addition to the interest rate; this allows you to make comparisons between different forms of borrowing.

Completion Date

The date that you pay for the property and can move into it. The completion date is agreed at the time of exchange of contracts (if the property is structurally finished). I will telephone you on the day of completion to confirm you can collect your keys from the site office or estate agents, once the seller’s solicitors have received the purchase price monies from me.

Contract

This is the legal document that I ask you to sign and which confirms your details, your seller’s details and the property details, including the price. Your seller will sign a copy of the same document and I have to hold a signed contract on your file before I can exchange contracts for you.

Deposit

The usual deposit amount is 10% of the purchase price. This much is not always available, depending on the level of funding (mortgage) you are obtaining. You should let me know as early as possible what deposit you have available, so that I can check with the seller’s solicitors if less than 10% will be accepted (in the case of a FTBI – see below – no deposit may be required). I must hold the deposit monies in cleared funds in order to exchange contracts for you.

Exchange of Contracts

Once I hold your signed contract and cleared deposit, I can exchange contracts for you, from which point you (and the seller) are legally bound to proceed with the purchase. This involves me speaking to your seller’s solicitors on the telephone to formalise the terms of the contract and the completion date. I will always take your instructions before I exchange contracts to ensure you are happy with the completion date and happy to proceed.

Financial advisers

These are people who provide advice on a range of financial products. If they only advise on mortgage products, they are often called mortgage brokers.

Financial Services Authority (FSA)

The Financial Services Authority is the UK’s financial watchdog set up by the Government to regulate financial services in the UK and protect your rights.

HomeBuy and First Time Buyer Initiative (FTBI)

Government-funded schemes which offer people assistance in owning their own home.

HomeBuy Agent

HomeBuy Agents are appointed housing associations or housing corporations, who are providing a “one-stop-shop” and point of contact for affordable housing options in a given area in England and will handle the entire application process for many FTBIs .

Homebuyer’s survey

A surveyor’s report carried out on the property you intend to buy, which typically includes a property valuation.

Housing associations

Housing Trusts, Housing Societies and Registered Social Landlords who provide their local community with high quality and affordable homes in areas of greatest need.

Housing Corporation

The Housing Corporation is funded by the Government and provides the money or grants for affordable housing.

Interest-only mortgage

An interest-only mortgage is a type of mortgage where the monthly payments consist only of interest and do not include any capital repayments. The capital is normally repaid by other means at the end of the mortgage term.

Key workers

Those working in the public sector in health, education or community safety – such as teachers, nurses and police officers – in areas where high house prices are affecting recruitment and retention of key workers.

Legal Charge Document

A legal charge is the document which enables the mortgage lender to collect mortgage repayments (and repossess the property in certain circumstances such as non-payment.) Sometimes referred to as a Mortgage Deed, the document is signed by you and sent to the land registry at the time of registration of your purchase to secure the mortgage or mortgages you have on the property.

Mortgage offer

The formal paperwork which sets out the terms upon which the lender will grant a mortgage.

Mortgage Term

Length of the repayment period of the mortgage offered to you in years.

Registered Social Landlord (RSL)

This is the technical name for social landlords who are registered with the Housing Corporation.

Repayment mortgage

A type of mortgage where the monthly payments consist of interest and capital. If payments are maintained, then the mortgage is repaid by the end of the mortgage term.

Valuation

An assessment of the current market value of a property, carried out for the benefit of the mortgage lender.

The new leases must be used for all shared ownership leases granted on or after 6 April 2010 for homes built with funding from the HCA (unless an earlier contract requires the use of a different form of lease). The new leases replace the model leases published in September 2009, which should be used until 5 April 2010.

The HCA believes the lease will not only simplify and speed up the home buying process but, at a time of financial caution, will assure existing lenders of shared ownership mortgages. As economic conditions improve, the revised lease should help to encourage new lenders into the shared ownership market.

The lease has been developed in conjunction with the Departrment for Communities and Local Government, the Council for Mortgage Lenders, the National Housing Federation and a number of leading mortgage lenders and providers of affordable housing. The new leases have been amended to:

• Extend the level of protection given to mortgagees of shared ownership properties;
• Update the layout and language of the leases;
• Clarify the provisions relating to alienation, rent review, making good damage to common parts and frustration in the event of damage or destruction.

The lease can be adapted by housing providers and lenders to suit individual situations, but there are fundamental clauses that must be included in any new lease. The fundamental clauses cover alienation, mortgagee protection, ‘staircasing’ provisions, protected area ‘staircasing’ provisions (where appropriate), rent review, service charge provisions (where appropriate) and right of first refusal. The landlord must also give the leaseholder a document entitled “Key Information for Shared Owners”, which sets out the main terms of the lease.

So what is shared equity? You purchase a property and own 100% of it, but you obtain a mortgage for a certain percentage of the equity (e.g. 75%) and the developer and/or Government holds a charge (mortgage) over the remaining share (e.g. 25%); depending on the scheme, you may or may not pay rent on that 25% share. In simple terms, although you own the property outright, your main lender holds a legal charge over the property and, in addition, the developer and/or Government will secure a second charge over the property to secure the repayment of their share when you sell or decide to pay the equity loan off.

So what is shared ownership? You purchase only a share in the property (e.g. 75%) and the local authority, developer or housing association retains the remaining share (e.g. 25%) and you pay rent on that share. In simple terms, you have a share in the property, which is usually purchased with the assistance of a mortgage, but you do not own the property outright. You can purchase further shares in the property later (up to 100%) and this is called ”staircasing”. This increases your share of the property and reduces the share retained by the local authority/developer or housing association, which  would also reduce your rent payments.

If you are still puzzled, please contact me at sarah.wilkins@mablaw.co.uk and let me help you understand the options open to you.